Fry v. Russell
Michigan Supreme Court
Error to Ingham Circuit. This cause was tried by the court without a jury and the following special finding was filed, viz: “ From the evidence and admissions of the parties, I find the following facts: “That on the 6th day of November, 1868, the defendant executed and delivered to the plaintiff a mortgage upon real estate to secure the payment of the principal sum of three hundred dollars, with interest at the rate of ten per cent, per annum, payable annually, the principal…
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Error to Ingham Circuit. This cause was tried by the court without a jury and the following special finding was filed, viz: “ From the evidence and admissions of the parties, I find the following facts: “That on the 6th day of November, 1868, the defendant executed and delivered to the plaintiff a mortgage upon real estate to secure the payment of the principal sum of three hundred dollars, with interest at the rate of ten per cent, per annum, payable annually, the principal payable on the 1st day Of May, 1870; that the sum secured to be paid by said mortgage was the purchase money for the…
1Opinion of the Court
*Per Curiam:
The amount the plaintiff below was allowed to recover was the purchase price of lands sold by him to the defendant below and never paid for. A mortgage had been given for the amount, which it was claimed had been discharged by tender. Its discharge as a lien would have been clear but for the fact that it provided for the payment of an attorney fee in case of proceedings to' foreclosure. Plaintiff at the time of the tender claimed this fee, but afterwards concluded to waive his claim and executed and delivered a discharge. It is not entirely clear upon the face of the mortgage that…
2Cited by3 opinions
- Waldron v. MurphyMichigan Supreme Court · 1879
- Hayward v. ChaseMichigan Supreme Court · 1914
- Post v. SpringstedMichigan Supreme Court · 1882